What is the tort of abuse of public office in Canada?

Alberta, Canada


The following excerpt is from Cool Spring Dairy Farms Ltd. v. Alberta (Minister of Environmental Protection), 2000 ABQB 299 (CanLII):

The tort of abuse of public office was referred to by Marceau J. in Alberta Minister of Public Works, Supply and Services v. Nilsson, [1999] 9 W.W.R. 302.He stated at paragraph 89 that several recent Canadian cases have considered that tort, but it appears that there have not been any findings of liability.At paragraph 100 he stated the appropriate test for abuse of public office in Canada.

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